Title 122 - Rules and Regulations for Underground Injection and Mineral Production Wells
Chapter 10 - Class V Injection Well Authorization Application; Information Requirements

001 Any person who proposes or operates a Class V underground injection well, which meets the requirements in Chapter 6 of this Title, shall submit an application to the Director. For new injection wells, the application shall be filed at least 180 days before the construction is planned to begin, including plans for testing, drilling and construction.

002 When a facility or activity is owned by one person but is operated by another person, it is the operator’s responsibility to obtain authorization.

003 The Director shall not issue an authorization before receiving a complete application.

004 An application for authorization is complete when the Director receives the application and any supplemental information, which are completed to the Director’s satisfaction. The completeness of any application for authorization shall be judged independently of the status of any other authorization application or authorization for the same facility or activity.

005 No construction may commence until an authorization has been issued that approves the design, siting and construction of the Class V well as outlined in Chapter 17 of this Title.

006 Applicants shall provide at a minimum the following information to the Department:

006.01 The specific type of Class V well as defined in Chapter 2 of this Title;

006.02 The operator’s name(s), address(es), telephone number(s), ownership status, and status as Federal, State, private, or other entity;

006.03 The owner’s name(s), address(es), telephone number(s), ownership status, and status as Federal, State, private, or other entity;

006.04 The county and legal location of the well;

006.05 A detailed description of the fluid that will be injected including laboratory data if available;

006.06 The volume of fluid to be injected in a specific period of time (i.e. gallons/day);

006.07 A description of the nature of the business or activity that generates the waste;

006.08 The status of the well (i.e. planned, under construction, in use, abandoned);

006.09 A scaled map of the entire property on which the injection is proposed including:

006.09A The injection well(s) being authorized,

006.09B Any other injection well(s) located on the property, including but not limited to septic systems and heat pump return flow wells,

006.09C All major structural features on the property including but not limited to buildings, houses, streets, roads, underground sewer and water lines, property lines,

006.09D All water wells located on the property including but not limited to private drinking water wells, irrigation wells and fire wells,

006.10 A scaled map or aerial photograph locating all water wells within a one half (1/2) mile radius of the injection well;

006.11 The design or construction details of the injection well as outlined in Chapter 17 of this Title;

006.12 A confirmation that all siting distances have been met as outlined in Chapter 17 of this Title;

006.13 The static water level or seasonal high water level at the site and the resource from which the data was obtained;

006.14 A description of the geologic material into which the injection is planned;

006.15 The name, telephone number and signature of the person completing the application; and

006.16 The name, address, telephone number, and signature of the owner of the Class V injection well.

007 The owner may be required to submit additional data in order to evaluate the application. An applicant may furnish, upon his/her own initiative or when requested by the Department, an opinion of independent experts, satisfactory to the Department in respect to the accuracy and completeness of any information or data furnished by the applicant and on any aspect of the applicant’s injection system or the contemplated operation or effects thereof.

008 In addition to these requirements, the Director may establish other requirements on a case-by-case basis.

Enabling Legislation: Neb. Rev. Stat. §§ 81-1504(2)(11)(13)(20); 81-1505(1)(2)(9); 81-1506(3)(b)

Legal Citation: Title 122, Ch. 10, Nebraska Department of Environmental Quality